Section He-P 3207.02 - Participants(a) Participant sanctions shall be as follows: (1) All periods of suspension, termination, or disqualification shall commence with the next one-month benefit issuance following notice to the participant provided that the food package for that month will be prorated in accordance with these rules should the next set of food benefits be provided during the notice period;(2) If a period of suspension exceeds the expiration of the current certification period, the participant shall be disqualified from reapplication until the period of suspension has been completed;(3) The actions of a participant, a parent, or caretaker of an infant or child participant, a proxy, or an eWIC cardholder shall be binding on the participant in the determination of violations and imposition of sanctions;(4) Sanctions shall only be imposed on those participants for whom the evidence supports the sanction and not to all participating family members, even though the violations might have been committed with food benefits issued to one member;(5) When more than one violation is involved, the sanction shall be based on the highest category violation;(6) Excluding (h) and (i) below, if a local agency competent professional authority submits a recommendation stating that the imposition of the disqualification would create an extreme nutritional hardship for the participant, the department shall waive a disqualification provided such waiver does not conflict with RSA 132:12-a, II;(7) The competent professional authority's recommendation described in (a) (6) above shall be made in writing to the department;(8) The department shall grant or deny a waiver, requested in accordance with (a) (6) and (a) (7) above, within 15 days; and (9) When a waiver has been requested, sanctions shall not be imposed pending waiver decision.(b) Category I violations shall include actions related to misuse of program benefits or disruptive participant behavior such as:(1) Failure to follow proper redemption procedures such as: a. Attempting to purchase WIC food benefits without an eWIC card present; orb. Attempting to purchase or purchasing non-WIC approved benefit or foods not available on the family's benefit list; and(2) Behavior within a store or WIC clinic that is disruptive but not abusive or threatening.(c) Category I violations shall be subject to the following sanctions: (1) Written warning for the first occurrence within a 12-month period, unless a violation of Category II (d) (1) below for abusive behavior has been issued within a 12-month period, then (e) (2) below shall be implemented;(2) A one-month suspension for the second occurrence within a 12-month period following warning; (3) A 3-month disqualification for the third occurrence within a 12-month period following a one-month suspension for the second occurrence; and(4) A participant disqualified for a Category I violation but for whom disqualification has been waived in accordance with (a) (6) and (a) (7) above shall be issued food benefits on a monthly basis for a 3-month period beginning at the next food benefit pickup or certification.(d) Category II violations shall include actions related to more serious misuse of program benefits or abusive participant behavior such as: (1) Abusive or threatening behavior that includes, for example, swearing, hitting, or threatening over the phone, within a store, or at a WIC clinic, that is directed towards WIC staff, retail vendors, or other WIC participants; and(2) Purchasing non-WIC-approved foods.(e) Category II violations shall be subject to the following sanctions: (1) Written warning for the first actual or attempted occurrence; (2) A 3-month disqualification for any subsequent actual or attempted occurrence within a 12-month period following warning; and(3) A participant disqualified for a Category II violation, but for whom disqualification has been waived in accordance with (a) (6) and (a) (7) above shall be issued food benefits on a monthly basis for a 3-month period beginning at the next food benefit pickup or certification.(f) Category III violations shall include actions related to fraud or abuse of the WIC program such as: (1) Misrepresentation of eligibility for program benefits;(2) Purchase of non-food items;(3) Purchase of alcohol or tobacco products;(4) Exchange of WIC benefits for cash or credit from retail vendors;(5) Sale, attempted sale, or exchange of WIC foods, WIC formula, or an eWIC card for cash, goods, or services; and(6) Returning WIC foods or WIC formula to non-authorized retail store(s) for cash or store credit.(g) Category III violations shall be subject to the following sanctions: (1) A 3-month disqualification for any actual or attempted occurrence, except as allowed by (j); and(2) A participant disqualified for a Category III violation, but for whom disqualification has been waived in accordance with (a) (6) and (a) (7) above, shall be issued food benefits on a monthly basis for a 3-month period beginning at the next food benefit issuance or certification.(h) Except as allowed by (j) below, the department shall disqualify a participant for one year in accordance with 7 CFR 246.12(u) (2) when: (1) There is dual participation as defined in 7 CFR 246.2; (2) The department determines that program benefits have been obtained or disposed of improperly and these benefits total more than $100.00; or(3) There is a second or subsequent demand for repayment of any amount.(i) The department shall collect improperly obtained benefits when there is a loss of funds as follows: (1) In accordance with 7 CFR 246.23(c) (1) , the department shall demand repayment, in writing, from the participant or parent or caretaker of an infant or child participant equal to the full value of these benefits;(2) The department shall issue a second demand for repayment if full restitution is not made or a repayment schedule is not agreed upon within 30 days of receipt of the demand for repayment as described in (i) (1) above; and(3) If no written or oral response has been received from the participant or parent or caretaker of an infant or child participant after the second demand for repayment as described in (i) (2) above, the department shall refer the matter to the New Hampshire department of justice.(j) The department shall permit the participant to continue participation in lieu of a mandatory disqualification when:(1) Full restitution is made within 30 days;(2) A payment plan is agreed to within 30 days of receipt of the letter demanding repayment; or(3) For participants under the age of 18 and infant and child participants, the department approves proxies.(k) If full restitution is made or a repayment schedule is agreed upon before the end of a mandatory disqualification period as described in (j) above, the department shall allow a disqualified participant to reapply for the program.(l) Failure to make full and timely payment, as agreed upon in (j) or (k) above, shall result in disqualification for the remaining disqualification period established in the original disqualification notice.N.H. Admin. Code § He-P 3207.02
#4518, eff 10-28-88; EXPIRED 10-28-94
New. #6226, eff 4-24-96; ss by #7489, eff 5-11-01; ss by #7774, eff 10-8-02; ss by #8580, eff 3-11-06; ss by #9556, eff 10-1-09
Amended byVolume XXXIV Number 19, Filed May 8, 2014, Proposed by #10583, Effective 10/1/2014, Expires10/1/2024.Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11003, Effective 12/23/2015, Expires 12/23/2025.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12858, Effective 8/23/2019, Expires 8/23/2029.